On March 26, 2015, the Ninth Circuit Court of Appealsordered that Peruta v. San Diego
will be re-heard by an eleven-judge “en banc” panel. In February 2014,
the NRA and CRPA sponsored Peruta case resulted in a monumental ruling
by a three-judge panel of the Ninth Circuit. That decision held that the San DiegoCounty Sheriff’spolicy of refusing to issue licenses to carry firearms in public unless
an applicant could demonstrate a special need was an unconstitutional violation
of the Second Amendment.

After Attorney General Kamala Harris and the gun ban
lobby learned that Sheriff Gorehad
decided not to appeal the case further (even though he refused to change his
policy), the Attorney General and several anti-gun groups filed requests to join
the litigation and continue litigating the appeal as parties to the case. The
three-judge panel denied each of the
intervention requests. In December 2014, the Attorney General and the
anti-gun-rights groups filed requests for en banc review of the decision
to deny them entry into the case.

Also in December 2014, at least one Ninth Circuit judge
made a “sua sponte” (or on the Court's own accord) request for all
Ninth Circuit judges to vote on whether the Peruta case itself should be
reheard en banc, regardless of whether the Attorney General would be
allowed to join the case.

Today, the Court issued an order
confirming that a majority of Ninth Circuit judges voted to rehear Perutaen banc. The Court has set oral arguments
for June 15, 2015. The Court also ordered that the
related case ofRichards v. Prieto,
which was decided under the reasoning outlined in Peruta, will be heard
along with the Peruta case on June 15.

No matter what happens as a result of the rehearing en
banc, either side will almost certainly petition a loss to the U.S. Supreme
Court.

The most common method used nationally by states and
localities to selectively deny a person their Second Amendment right to carry a
firearm for self-defense is to create a subjective licensing prerequisite.
Requiring a demonstration of “good cause” or its equivalent before a license
will be issued is such a method, because if you have to show “good cause,” then
you must prove a special “need” to carry a firearm. This creates a subjective
system prone to political cronyism and corruption, which is the way
California’s “good cause” system has been working for years. Reform is long
overdue.

As a result of the 3-judge panel’s decision in Peruta,
several California counties that had policies similar to San Diego’s have
changed those policies from a restrictive “good cause” standard that few could
meet, to one that accepts general self-defense as “good cause,” which most
anyone can meet. Orange and Ventura counties are among the California
jurisdictions that have changed their ways since the Peruta decision was
issued. Previously, applicants had to show proof of specific threats, such as a
police report or a protective order, to prove they were in immediate danger
before they could get a license. Since the Peruta decision, these
counties have generally been accepting self-defense as “good-cause” for
obtaining a license.

If the Peruta decision is upheld by the en banc
panel, all of the states and territories in the Ninth Circuit would also have
to review their license issuance policies, and revise them to conform to the Peruta
decision. The Ninth Circuit includes Alaska and Arizona (“constitutional carry”
states), Idaho, Montana, Nevada, Oregon and Washington (“shall issue” states).
It also includes Guam, which has already changed its policy in light of Peruta.
And it includes California and Hawaii, the outliers.

We need to hold onto the victory in Peruta so that
these policies go into effect throughout California and the entire Ninth
Circuit! But the Peruta decision’s persuasive influence is not limited
to the Ninth Circuit territories and states. Recently, in the case of Palmer v. District of Columbia,
a federal court relied heavily on the Peruta decision as precedent for
its opinion striking
down D.C.’s total ban on the public carrying of firearms. Significantly, the
ban at issue in Palmer was more extreme than the California policy
challenged in the Peruta case.

Nevertheless, the Palmer court cited to Peruta
extensively, suggesting that the D.C. court is warning D.C. lawmakers that they
should not adopt a California style “good cause” licensing scheme, because it
will face the same fate as the one struck down in Peruta. Without the Peruta
opinion as precedent, it is doubtful that the D.C. court would have gone so
far.

The Next Fight Looms

If the eleven-judge en banc panel of the Ninth
Circuit reverses the three-judge panel’s decision, Mr. Peruta and the other
plaintiffs will appeal to the Supreme Court, with continued support from the
NRA, CRPA, and their legal teams. And, although the Supreme Court’s ruling in Heller
ruling didn’t need to address the specific issues of carrying outside the home,
much less “good cause” for a license to do so, victory at the Supreme Court is
possible given observations about bearing arms in the Court’s Heller
decision, and the difficulty the Court would have in affirming the existence of
one half of a fundamental right (to keep arms) but not the other (to bear
arms).

If the en banc court affirms the decision that
requiring a special need to carry a firearm is an unconstitutional restriction,
the anti-gun forces have the option of appealing to the Supreme Court, which is
likely.

Supreme Court Bound?

The Peruta case presents an opportunity for the
Supreme Court to settle some Second Amendment issues that desperately need
resolving. The Seventh Circuit Court of Appeals has agreed with the principles,
though not the specific details, of the Peruta ruling in another
NRA-supported case of Shepard v. Madigan and
the related case of Moore v. Madigan. In these cases challenging
Illinois’ ban on bearing arms in public, the Seventh Circuit Court held that
prohibiting any form of carrying arms in public was unconstitutional. Rather
than risk having the ruling confirmed by the Supreme Court, Illinois did not
seek Supreme Court review. Meanwhile, three other circuit courts have gone the
opposite direction and held that there is effectively no right to bear arms outside
the home: Kachalsky v. Cacace in the Second Circuit (New York), Drake
v. Filko in the Third Circuit (New Jersey) and Woollard v. Gallagher
in the Fourth Circuit (Maryland). The Supreme Court was asked to review each of
those cases, but declined to do so. With this split of opinions among the
federal Circuit Courts, the U.S. Supreme Court could take the Peruta
case to resolve these critical Second Amendment issues.

Gun Banners Seek Poster Child

Gun owners and carry license holders should be acutely aware
that their conduct could be mischaracterized and used to influence the
licensing process in California for years to come. The gun ban lobby is waiting
and hoping for a license holder to do something that they can spin, politicize,
and use to fight against a constitutional shall-issue regime in California.
Several years ago in Los Angeles County, an unfortunate incident involving
a license holder caused Los AngelesCounty
Sheriff Baca to stop issuing the few licenses that he was issuing at the time.
Be careful not to take any action that could be used for the gun ban lobby’s
anti-gun-owner PR efforts!

Help Us Help You

Please help us fight for your right to choose to own a
gun for sport, or to defend yourself and your family. CRPA and the NRA work together
in California to fight for you in Sacramento, in cities and counties across the
state, in regulatory agencies, and in the courts. Even with the generous rates
that our team of civil rights attorneys, legislative advocates, experts and
consultants grant us, these ongoing efforts are still expensive. You can
support our pro-Second Amendment efforts in California by donating to the California Rifle & Pistol Association Foundation
(CRPAF). CRPAF is a 501(c)(3), so contributions to
CRPAF are tax-deductible. Or donate to theNRA Legal Action Project.
All donations will be spent to specifically benefit California gun owners.

Please help us fight for your right to choose to own a
gun for sport, or to defend yourself and your family. CRPA and the NRA work together
in California to fight for you in Sacramento, in cities and counties across the
state, in regulatory agencies, and in the courts. Even with the generous rates
that our team of civil rights attorneys, legislative advocates, experts and
consultants grant us, these ongoing efforts are still expensive. You can
support our pro-Second Amendment efforts in California by donating to the California Rifle & Pistol Association Foundation
(CRPAF). CRPAF is a 501(c)(3), so contributions to
CRPAF are tax-deductible. Or donate to theNRA Legal Action Project.
All donations will be spent to specifically benefit California gun owners.

Second Amendment supporters should be careful about
supporting litigation or other efforts promised by other individuals and groups
that lack the experience, resources, skill, or legal talent to be successful.
The NRA and CRPA national team of highly regarded civil rights attorneys,
legislative advocates, and scholars has the experience, resources, skill and
expertise needed to maximize the potential for victory in California’s often
hostile political environments.

For a summary of some of the many actions the NRA and
CRPA has taken on behalf of California gun owners, including the Peruta
case, click here.

More concerning, Gore’s
record as an FBI employee is fraught with problems. He was the agent in charge
for the Ruby Ridge FBIassault on Randy Weaver’s family that resulted in
multiple fatalities, including the death by shooting of a mother holding a baby
and a child shot in the back as he fled law enforcement gunfire. The government
settled out of court with a $3.1 million award to Randy Weaver for the wrongful
deaths of his wife and son.

Note: William H. Webster
was a director for the Federal Bureau of
Investigation (FBI), and the chair for the Homeland Security Advisory Council.

William J. Bratton
is a director at the Homeland Security
Advisory Council, a commissioner for the New York City Police Department, and was the chief for the Los Angeles (CA) Police Department.

Lee H. Hamilton is
a director at the Homeland Security Advisory
Council, and a director at BAE
Systems Inc.

Michael Chertoff
is the chairman for BAE Systems Inc.,
a senior of counsel at Covington &
Burling LLP, a national partner with America
Votes, and was an assistant attorney general for the U.S. Department of Justice.

Alex Kozinski
was an attorney at Covington &
Burling LLP, and is the chief judge for the U.S. Court of Appeals for the 9th Circuit.

America Votes
is a national partner with the Brady
Campaign to Prevent Gun Violence.

Michael D. Barnes
was the president of the Brady Campaign
to Prevent Gun Violence, and is a director at the Center for National Policy.

Kamala D. Harris
is an advisory board member for the Center
for National Policy, an advisory board member for the Truman National Security Project, and the attorney general for the California state government.

Gabrielle
Giffords is an advisory board member for the Center for National Policy, an advisory board member for the Truman National Security Project, and a
co-founder for the Americans for
Responsible Solutions.

Michael R.
Bloomberg was a contributor for the Americans
for Responsible Solutions, a benefactor for the Harlem Children's Zone, is a co-chair for the Mayors Against Illegal Guns, and the founder of Everytown for Gun Safety.

Annise Parker is
an advisory board member for Everytown
for Gun Safety, and a member of the Homeland
Security Advisory Council.

William H. Webster
was the chair for the Homeland Security
Advisory Council, and a director for the Federal Bureau of Investigation (FBI).

Lee H. Hamilton is
a director at the Homeland Security Advisory
Council, and a director at BAE
Systems Inc.

Michael Chertoff
is the chairman for BAE Systems Inc.,
a national partner with America Votes,
a senior of counsel at Covington &
Burling LLP, and was an assistant attorney general for the U.S. Department of Justice.

Alex Kozinski
was an attorney at Covington &
Burling LLP, and is the chief judge for the U.S. Court of Appeals for the 9th Circuit.

Eric H. Holder Jr.
is a partner at Covington & Burling
LLP, married to Sharon Malone,
was the attorney general at the U.S.
Department of Justice, for the Barack
Obama administration, and a board member for the American Constitution Society.

Sharon Malone is
married to Eric H. Holder Jr., and
was Loretta Lynch’s Harvard
classmate.

Loretta Lynch
was Sharon Malone’s Harvard
classmate, and is attorney general for the U.S.
Department of Justice.

Melody C. Barnes
was a principal for the Raben Group,
the domestic policy council, director for the Barack Obama administration, is Barack Obama’s golf partner, and a senior adviser for the Albright Stonebridge Group.

Madeleine K.
Albright is a co-chairman for the Albright
Stonebridge Group, an advisory board member for the Truman National Security Project, and was the president of the Center for National Policy.

Kamala D. Harris
is an advisory board memberfor
the Truman National Security Project,
and an advisory board member for the Center
for National Policy, and the attorney general for the California state government.

Gabrielle
Giffords is an advisory board member for the Truman National Security Project, an advisory board member for the Center for National Policy, and a co-founder
for the Americans for Responsible
Solutions.

Patton Boggs LLP
was the lobby firm for San Diego (CA),
and the counsel for the 2012 Mitt Romney
presidential campaign.

Mitt
Romney was the candidate for the 2012
Mitt Romney presidential campaign, and a member of the Homeland Security Advisory Council.

William H. Webster
was the chair for the Homeland Security
Advisory Council, and a director for the Federal Bureau of Investigation (FBI).

William J. Bratton
is a director at the Homeland Security
Advisory Council, a commissioner for the New York City Police Department, and was the chief for the Los Angeles (CA) Police Department.

Lee H. Hamilton is
a director at the Homeland Security Advisory
Council, and a director at BAE
Systems Inc.

Michael Chertoff
is the chairman for BAE Systems Inc.,
a senior of counsel at Covington &
Burling LLP, a national partner with America
Votes, and was an assistant attorney general for the U.S. Department of Justice.

Alex Kozinski
was an attorney at Covington &
Burling LLP, and is the chief judge for the U.S. Court of Appeals for the 9th Circuit.

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Sam on Bob Harden Show

Who Is Aristotle the Hun

"Aristotle the Hun" was the name given to me more than 30 years ago when a friend noticed that in spite of my intellect I was still an Iowa farm boy.

Rev. Sam Sewell, is Director of Best Self USA, a Pastoral Psychotherapist, serves on the faculty of Naples Community Hospital as an instructor for Clinical Pastoral Education, President of the Theological Center in Naples, a member of Mensa where he serves as Gifted Youth Coordinator, a U.S. Navy Veteran, and a Member of the Association For Intelligence Officers. He is a frequent commentator on mental health and religious issues.His award winning research on family issues is published in several languages. Member of Sigma Delta Chi Honor Society

Videos - One of Five

Quotation Gallery

"Though defensive violence will always be 'a sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men."- St. Augustine

"A new idea is first condemned as ridiculous, and then dismissed as trivial, until finally it becomes what everybody knows." -

William James

"This is the real task before us: to reassert our commitment as a nation to a law higher than our own, to renew our spiritual strength. Only by building a wall of such spiritual resolve can we, as a free people, hope to protect our own heritage and make it someday the birthright of all men." --Ronald Reagan

A patriot must always be ready to defend his country against his government."-- Edward Abbey

"War is an ugly thing, but not the ugliest of things; the decayed and degraded state of moral and patriotic feeling which thinks nothing worth a war, is worse. A man who has nothing which he cares more about than he does about his personal safety is a miserable creature who has no chance at being free, unless made and kept so by the exertions of better men than himself."John Stuart Mill

"A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government." ~~~George Washington

"I'd rather entrust the government of the United States to the first 400 people listed in the Boston telephone directory than to the faculty of Harvard University." William F. Buckley, Jr.

"Conservatives are enemies of the government. Liberals are enemies of the nation because they are not enemies of the government."Aristotle the Hun

"If we knew what it was we were doing, it would not be called research, would it?"Albert Einstein

"Life is not about waiting for the storms to pass...it's about learning how to dance in the rain." ANON

"That government is best which governs least."Thomas Paine

“A nation that substitutes emotion and empathy for rational thought will eventually digress into the Dark Ages,”Congressman Steve King (R-IA),

INTEGRITY: The highest courage is to dare to be ourself in the face of adversity. Choosing ethics over convenience and truth over popularity means there is never a wrong time to do the right thing.

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies.

The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.

They may be more likely to go to Heaven for good intentions yet at the same time likelier to make a Hell of earth. This very kindness stings with intolerable insult. To be “cured” against one’s will and cured of states which we may not regard as disease is to be put on a level of those who have not yet reached the age of reason or those who never will; to be classed with infants, imbeciles, and domestic animals.~ C. S. Lewis

"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote." ANON

Guide for newbies!

This blog was started to give people a source of information they can trust. I almost never make the mistake of including scams, false rumors, or poorly researched items. I encourage readers to alert me if they spot an anomaly. It will be quickly corrected.

The search function is in the upper left hand corner. Readers are invited to cut and paste from this blog to your own emails. Each subject title has an embedded link so cut and paste the title and the first few lines. That will direct a person back to this blog.

Below the usual ad and personal profile you will find links to topics located on the right hand side of the page. You may find it easier to select topics of interest to you rather than scrolling all topics as they occur chronologically. (Gee, that's a six syllable word!)

The government is conspiring against the citizens. The citizens have pitchforks, torches, tea bags, tea parties, Grand Juries and the Constitution. The government doesn't stand a chance!

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The famous Chapter 16 from "I Fired My Doctors" thathas become a "best seller" as a separate publication.

"The stress management chapter alone is worth the price of the book.”
Selwyn Mills, PhD